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Dec 5, 2013 9:00am EST
required that all patent applications be reviewed by patent examiners when a scientific education. people who understand the technology that the patent covers. this helps to ensure that patents are not issued for inventions that are already in the public domain. or that would be obvious to a person who is skilled in the technology. under the gentleman from california's amendment, however, an applicant could short circuit the entire patent examination's process and present his evidence of patentibility for the first time in district court. now, i have known many district judges who are excellent lawyers, but very few of them have degrees in biotechnology. very few have degrees in electrical engineering. yet under this amendment these judges would be making the initial determination whether, for example, a purported computer invention is novel and nonobvious, and whether it has been properly enabled. i would ask my colleagues, is there anyone here who believes that the united states will issue higher quality patents if the applications are never, never, never reviewed by an examiner with a
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